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TTTT! ATLANTA GEORGIAN AND NEWS DIAGRAM OF COURTROOM WITH FRANK TRIAL IN PROGRESS Continued From Page 1. O’clock Sunday morning?—A. I was still there. Q. Where did you go from there? —A. I took the police to the pencil factory, where they had been called. Q. What did you do then?—A. After a negro let us in I went down into the basement with the police x and found the body. Present as Starnes Phoned. Q. Were you present when Detec tive Starnes called someone over the telephone?—A. Yea. Q. What time was it?—A. About 6 or 5:30 Sunday morning Q. Do you know who he called? *—A. No. Q. What did he say?—A. I don’t recall exactly, but in substance he was asking some one to come to the factory. I heard him say, "If you will come 1 will send an automobile for you.” He turned to me and asked me if I would go to Mr. Frank’s home and get him. He gave us the address and Detective Black went with me. Detective Black went to the door. I won’t be sure whether he knocked or rang the bell. Mrs. Frank answered the door. She had on a heavy blue bathrobe. We asked if Frank was there, and h© came through the curtain into the recep tion hall. Q. Was he dressed for the street? —A. Yes, with the exception of col lar and coat. Q. Can you tell exactly what he had on?—A. A pair of shoes, blue trousers, w’hite pleated shirt t and suspenders. Neither Answered Frank. Q. What was said?—A When Frank came in he went directly to Black. He asked him. Has anything happened at the factory?’ Black did not answer him, and. turning to me. he asked the same question. 1 did not answer. Q. What else did he say?—A He asked, "Did the nightw'atchman tel ephone you anything had happened at the factory?" Q. What else?—A. Black did not answer him then, but told him he had better come to th e factory. Q. What did Starnes say to Frank over the phone besides what you have already told? “I object," said Attorney Rosser, "on fhe ground that it is essentially a leading question." "You will have to put the question differently," said Judge Roan to Mr. Dorsey. Tells of Phone Talk. Q. Detail, now, what Mr. Starnes said first.—A. M r. Starnes was talk ing to someone over the telephone. I won’t be sure whether he told him who it was or not. He asked this party he was talking to to come to the factory. He said if he w T ould. he would send an automobile'’ for him With that he turned to me and asked me to go to Frank’s house and get him. Q. Did you hear anyone else call from the factory?—A. Soon after we reached the pencil factory, about 3 30 o’clock, I was up in the office with Policeman Anderson and Newt Lee. Andersen was trying to get some one over the phone. I don't know who it was. Q. What else happened at Frank s home?—A. T think he asked his wife for his collar and coat. Q. ’Was that all?—A. All I remem ber. "Your honor,” said Mr. Dorsey, "he has clearly overlooked something. Can I direct his attention to it?" Frank Recalled a Dream. "How do you know it?’’ interrupted Rosser. "I have his testimony before the Coroner’s Jury and 1 have talked to him." said Dorsey. "Oh. Lord," growled Rosser as he sat down. Q. What w'aa said about a dream?— A. Mr. Frank said something about dreaming or hearing the telephone ring during the night. Q. Was anything said about whisky?—A. Yes;\>Mr. Frank said he had not had breakfast. He thought he would like to have a cup of cof fee. Detective Black said a drink of whisky might do him some good. Mrs. Frank answered that Mrs. Se- llg had been 111 with acute indigestion and had used all of the whisky in the house. Q. How was Frank’s voice that morning?—A. He was nervous. Q. What about his voice? Was it fine?—A. Yes. it was fine; somew’hat like a woman's. He asked questions rather abrupt, right off the reel. His questions were Jumpy. Appeared Very Nervous. Q. What was his appearance when you first saw him?—A. He was rub bing his hands and was extremely nervous. Q. Was his hair combed or tous- sled?—A. It was combed. Q. What was the conversation on the way to the factory?—A. Black or myself—I don't remember which-—* asked him if he knew a little girl named Mary Phagar.. H© asked if she worked at the pencil factory and we told him we thought she did. He said he would have to look on his pay roll to see if she did; that he didn’t know many of the girls there and that h© never went out Into the factory among them much. We suggested that we had better go by the undertaking establishment and let him see the body. Q Describe how you found the body?—A. The room was dark. Un dertaker Gheesling went back of the body and turned on the light. The head of the dead girl w r as toward the wall. Ghesling took her fac© In his hands and turned It toward us. Mr. Frank had been behind me as we entered the room, but when Ghes ling turned the girl’s face to me I looked around and Frank was going out of the room Didn’t See Her Face. y. How long did he have to see the face?—A. He didn’t have any time, for when her face was turned to the light he had stepped outside the room. Q Did you ask him any questions? A. Mr. Rlack asked him If he recog nized the body. He said if her name was Mary Phagan h» could tell whether she worked at The factory by looking over his pay roll. Q. What was his attitude at the undertaker’s establishment?—A. He 8till appeared nervous Q How?—A Well, he stepped live ly and moved quickly. Frank sat passive during these questions, his expression an enigma. UY TO DIAGRAM His wife and mother on each side of him appeared weary. Frank Looked at Books. Q. What did Frank do when they got to the factory ?-^A. Frank went to the office and unlocked the safe. He got a book and ran his hand down a column and said: "Yes, Mary Pha gan worked here; If I am not mistaken she was here Saturday and drew her pay." He said It was some time a little after 12 o’clock. He asked us If w'© didn’t find a pay envelope near her body We told him no. Q. What was the time exactly, ac cording to Frank?—A. He Just said it was something a little after 12. Q. What was his manner?—A. He was nCrvous and quick. Q. What was done about running the elevator?—A. I don’t remember exactly who said It, but some one suggested that we see where the girl was murdered. Frank went out to the switchbox and opened it, and after he had turned on a few things the ma chinery began to run. Tried to Start Elevator. Q. Did anyone ask him about the switch box not being locked?—A. He said the insurance company had him stop locking it, saying it was agains* the law r . Q. Did Fi*ank run the elevator?—A. He pulled the rope to start It, but it would not move. He called Darley and the elevator was started after some little delay. Q. Did anyone comment on the murder?—A. I think Mr. Frank said Darley had worked Newt Lee and that If anyone could get anything out of him It was Darley. Q. What else happened?—A. Frank said: ”We had better nail the back door, Dftrley." Q. What was done?-r—A. Frank and Darley went to nail the back door. Q. What did you do then?—A. Frank said: "I guess we had better put In a new tape. Darley." He then took the tape oui of the box and remarked. "They are all punched all right.” Frank Brought New Slip. Q Where whs Newt Lee?—A. Lee was right behind me, handcuffed. 0 Where was Darley?—A. He was right there. Q What happened next?—A. Mr Frank went to hit* office, brought out a new slip. He took out the old slip and wrote on it April 26. 1913. Q. What did he do with it?—A. He folded it once and went into his office. Q. Did you see that slip?—A. Yes, I glanced at it. The first punch was 6:01 and the second at 6:32. There did not appear to be any skip in it Q Did you hear Frank say anything about something to eat?—A. Yes. sev eral times he said he wanted to get a cup of coffee. Attorney Rosser objected. Didn’t Notice His Eyes. "Maybe several wanted a drink—1 expect they did," he said. Solicitor Dorsey continued. Q. Did 5 3u notice Frank’s eyes dur ing the stay In the factory?—A. No. Q. How long did you and Frank re main in the factory?—A. I should say something more than an hour. Q. Where did you go?—A. In the automobile with Lee. Darley. Black and Frank to the police station. Q Was anybody under arrest?—A Lee. Q Was Frank?—A. I didn’t consider him so. Q. What happened at the station"— A They took Frank up to Chief Lan- forri’s office Q. Did you see Frank do any writ ing?—A. I paw Newt Lee write, but not Frank. Dorsey again wanted to refresh Rogers’ memory about his testimony X\jrrH£®D Cooks ‘Rt/parercSRQ S'tATCD Oaaoies ikcJurv Bax It 1 D&szc'xwb 12 Soi/ICITOR. Da 113) MkakgcAMoo'p1>K/ 114 Cj^wps£i/i/ AS CHlSf I/XM'etr > 03£'p A(&> PrsSS IT/ tarcesss H® Deputy FLemI^ ClesocT. 2®> $F£C < EA.TOR& before the Coroner’s Jury. Rosser again objected. Judge Roan declared the witness could not be led. Q. Did you see the officers do any thing with Frank and Lee at the sta tion?—A. I saw- them take Mr. Frank and Lee up the stairs Q. Did you p*ee Frank with a pencil 1 —A. I can’t pay that 1 did or did not. I was around there so much and saw so much. Q. What was Frank’s attitude at th« station?—A. He appeared nervous, as he had all the morning. Q. Did you or not have occasion to observe Frank's hand at the police station?—A. No, sir. I did not. Rosser Takos Witness. Mr. Rosser then took up the cross- examination. Q. You never saw Frank before that morning.—A. No. Q. You don’t know’ whether w'hat you considered his nervousness was natural to him or not?—A. No. Q. How long after you had knocked at Frank’s door was It before Frank came?—A. About a minute or two. Q. You went to the factory with the police?—A. Yes. Q You had som^ trouble In finding whether the child was black or w’hite? —A. Yes. Q. Didn’t someone have to pull down her stocking and look at the fle«*h before they could tell her color? —A. Yes, I believe so. Tells of Victim’s Face. Q. Was there dirt on her face?—A. Yes. Q. Was there dirt ir> her mouth?— A. Yes. and some in her eyes. Q. How long were you at Frank's home?—A. About fifteen minutes. Q. It took that long for the thing* you have told us to happen?— A. Yes. Q. Are you sure of it?—A. Pretty sure. Q. You don’t know’ what time it wa? when you went to the undertaker’s 0 You don’t know whether It wap 7 o’clock or not, do you?—A. I can’t be sure of that. I am trytng to refresh my memory as best I can. Q. Did you swear to that con versa, tion with Frank about the pay envel ope at the Coroner’s inquest?—A. Yes I said something about :t. Q. Are you as sure of that as the other things you have sworn to this morning?—A. I am sure I said some thing about it. Visit to Frank’s Home. Q. Was anything said about a little drink doing you all good?—A. Yes. When we were at Frank's home Black said something about a drink. Mrs. Frank called to Mr«. Sellg and she said there was r.o whisky in the house; that Mr. Selig had an attack f of indigestion the night before and used it all. Q. When you were at the under taker’s. how did you get to the chap el—A. We went dow n a long corridor. Q. Did you know that Ghesling, landing in front of the corpse, saw Frank looking at it?—A. No. Q. Then you won’t say that Frank didn’t see the young girl’s face?—A I do say that it would have been im possible for anyone to see her face when It was turned to the wall, and 1 can swear that no one but Mr. Ghes ling and I went up to the corpse. Might Have Seen Body. Q. Wasn’t it possible that Frank saw the body and the face at the * .-amt time you did and turned his head at the same time you did?—A. Yes, I suppose so. Q. Did Frank have any trouble un locking the safe at the office? Did he w’ork the combination the first time? —A. Yes, without any trouble. Q. Mr. Frank tried the elevator and couldn’t?—A. Yes. Q. He called Mr. Darley?—A. Yes. Q Did it run smoothly when it started?—A. Yes. Q Did It stop wMth a Jerk tvhen it reached the bottom?—A. No; it just stopped. No Stains in Sawdust. Q. Was there blood on the sawdust where you found the body?—A. No; we couldn’t find any. Q. Was there blood anywhere?—A. Yes; some on her underskirt. Q Was there blood on her head?— A. Yes, there was some dry blood maLed In the hair. Q. Was there blood running any where on the body?—A. I don’t re member any. Q. Who turned her over?—A. Ser geant Dobbs. I believe. Q. Were you there w’hen they found the shoe?—A. No. Q. Were the shoe and hat found that morning?—A. They w’ere not before 1 left to get Grace Hicks to identify the body. Wont to Station With Party. Q. How did it happen that Frank went with you to the police station? Did he volunteer to go? A. I don't know exactly. He went along with the party without any hesitancy. The question was interrupted by a whispered conference between Ros ser and Arnold; then Rosser con- tin tk d. Q When Mrs Frank was tele phoning to Darley. how far w-ere you from the telephone? A. About 6 feet. The re-direct examination w’as be gun by Dorsey: Q. Could you tell by a glance at the hair whether the girl was w’hite or not? A. Yes, you couldn't tell oy the face, but it was evident it w’as the hair of a white girl. Couldn’t Have Seen Face. Q. Did you say Frank did or did not see that girl’s face in the under taking establishment? "I object," said Rosser. "You can ask only what opportu nities he had to see the face," an swered Judge Roan. A. He couldn’t see it because her body was not lying so that >e could. Rosser said; "Mr. Rogers didn’t you tell me that you didn’t know where Mr. Frank was w’hen you were looking at the girl’s face?’’—A. Yes; but he couldn't have seen it. unless h© w’as standing near me, and he wasn’t standing near me. Dorsey asked: "Did Frank ever go into the room in which the body was?"—A. To the%est of my knowl edge he did not. He went in the di rection of the toilet, or a room which 1 took to be a toilet. Grace Hicks on Stand. Rogers was then excused, and Miss Grace Hicks went on the stand. She was questioned by Dorsey. Q. Did you know Mary Phagan? At this point members of the jury asked for water and while it was being secured for them. Frank leaned over and held a whispered conversa tion with Rosser. The question was repeated. A. Mighty near a year. f Q Where did you know’ her?—A. At the National Pencil Factory. Q. Did you identify her body the morning after the crime?—A. Yes Knew Her By Hair. ou know her?—A. By- looking at her poke in a very soft vi>- t >,ie appeared about 16 y’ears of age. She wore a white dress w’ith light blue ribbons around her neck and elbow’ sleeves. Q How was she when you saw her? —A. She was covered except her head. Q. How did you know her?—A. By her hair. It was so long and pretty. Q. Was she pretty?—A. Yes. Q. Where did you work?—A. In the metal room Q. What did you do first when you went to the factory each day?—A. Punched the clock. At Factory Every Day. Q. How often was Mary at the fac tory?—A. Nearly every day. Q. Where was Mary’s work place?— A. Right next to th e dressing room. Q. Did you see where the blood was?—A. Yes. Q. A person going from the office back to the rear of the second floor would have had to pass the dressing room, the place near where Mary Phagan worked, wouldn’t they?—A. Yes. Q. Did Frank pass there every day? A. Almost every day. He would come back two or three times a day to see how the work was going on. Q. When was Mary at the fac tory last to work?—A. The Monday before April 26. Saturday Regular Pay Day. Q. Why didn't she work that week? —A. The metal had given out. Q. Where was the metal kept?—A. In a little closet under the stairway. Q. When was the regular pay day? —A. Saturday at 12. Q. Was anyone paid off Saturday. April 26?—A. Most of them were paid oi the Friday night before, as Satur day was a holiday. Dorsey then had the witness point out the machinery where Mary Pha gan worked on the second floor, as shown on the Bert Green diagram. Then Rosser took the witness on cross-examination. Attracted by the report that the State intended to Introduce its most important witnesses during the day, a larger crowd than that which clam ored for admission on the first two days of the trial besieged the court house Wednesday morning as* the time for the resumption of the Frank trial approached. That a sensation is to be sprung by the defense by the production of the mysteriously missing ribbon and flow ers from the hat of the murdered girl was repeatedly indicated by Attorney Rosser's line of questioning Tuesday and tho afternoon before. Beginning with Mrs. J. W. Coleman, mother of Mary Phagan, the attorney for Frank interrogated every witness who saw the girl alive or dead that day in regard to the ribbon and flow ers. Mrs, Coleman said that the ribbon and flowers were on the hat when Mary left home. Newt Lee said that he had seen no sign of the missing trimmings. The testimony of Ser geant L. S. Dobbs was the same. De tective Starnes, when he was turned over for the cross-examination, made .the same admission. It Is believed that Rosser will pro duce the ribbon and will attempt to establish that it was found in a place throwing suspicion upon the negro Conley. Frank was brought to the court house at about 8 o’clock Wednesday morning. There was no change in his demeanor or physical appearance. If the trial has been any strain upon him he does not display the effects. He was dressed in the dark mohair suit he wore Tuesday. He greeted his friends cheerily and spoke con fidently of acquittal. The Jurors, sleeping In three rooms at the Kimball House, spent a rest less night. They appeared rather fagged w’hen they were brought into the courtroom at 9 o’clock. First Witnesses Unimportant. Attorneys for the State have an nounced that the witnesses called Monday and Tuesday were only for the purpose of starting the presenta tion of evidence against Leo Frank right from the opening incidents of the day that the murder was corqmit- ted, and that they were important oily in so far as they assisted in mak ing a continuous chain of evidence, and as they made here and there statements which might be Interpret ed as damaging to the accused. Working on the foundation laid b3 r Tuesday’s testimony, Solicitor Dorsey was understood to be prepared Wed nesday and Thursday to introduce witnesses w’ho would swear tfiat the red stains found in two places on the second floor were splotches of blood and not aniline or any other color ing stain; also that the bloody finger prints on the rear door of the base ment w’ere the finger-prints of Leo M. Frank. City Detective J. N. Starnes Just before he left the stand Tuesday night Identified pieces of wood as pieces he had chipped from the rear door of the factory. There were fin ger-prints easily distinguishable upon them. A finger-print expert w r as in the employ of Solicitor Dorsey for some time during the investigation of the murder mystery and was named among the State’s witnesses. The red-stained chips from the fac tory floor were sent to Dr. Claude E. Smith, city bacteriologist, for analy sis. Dr. Smith also is one of the State’s witnesses and was expected to be called Wednesday or during Thurs day’s forenoon session. Writing Pad Evidence? It W’as understood when the trial opened Wednesday morning that De tective Starnes would be recalled to the stand by the Solicitor to tell of finding on a shelf just outside Frank’s office writing pads of paper similar to that on which the notes found by Mary Phagan's body were written. If the Solicitor did not alter his plans meantime. J. M. Gantt, dis charged factory employee, was to be the next witness on the stand. Gantt told at the Coroner’s inquest that Frank appeared nervous and appre hensive when he (Gantt) w’ent to the factory at 6 o’clock Saturday night to get some shoes he had left In the building. Starnes was on the stand practical ly all of Tuesday afternoon. While the direct examination was In prog ress the detective told of his part in scouring the pencil factory for evi dence. One of his statements on which the State is relying to establish that Frank acted and talked in an incrim inating manner the morning the body was found consisted in his testimony in regard to a telephone conversation which he said he had with the fac tory superintendent that morning. Starnes, under the examination of Dorsey, said that he had been very guarded w’hen he called up Frank that morning and had merely said that he desired Frank’s presence at the factory. He denied that he had mentioned the fact that a girl had be«n killed. Claim Frank Knew. It Is the purpose of the State to seek to establish that Frank, without being told of w’hal had happened, had made remarks to the officers when they came for him which Indicated he was not unaware that a girl had been murdered In his factory. The main points of Starnes’ testi mony were: That he had discovered stains re sembling blood In two places on the second floor of the factory. That Frank acted nervous when brought to the factory. That Frank made a strange remark to Foreman M. B. Darley that he "had more than one suit of clothe?.” refer ring to the fact that he had on a different suit than the one he wore the day before. That Lee appeared composed w’hen questioned Sunday by the detectivea That he witnessed the new night watchman In the pencil factory make a complete punch of the time clock covering a period of twelve hours in five minutes. Unaer Kossers cros»s-examination Starnes admitted that It was practi cally Impossible for him to remember the exact w’ords he used in certain parts of his testimony at the Cor oner’s inquest. This admission wag obtained by Rosier to show’ that Starnes’ memory in respect to the tel ephone conversation with Frank could not be regarded as any more reliable. Rosser brought out that Starnes failed to mention at the Coroner’p inquest either the matter of the telephone conversation or of the alleged conver sation he held w’ith Frank the morn ing of the murder. Starnes also admitted that the finger-print chips w’hlch w’ere showm him by Solicitor Dorsey rmght not be the same chips he had taken from tho rear door of the bawment. as tho chips had been out of his possession part of the time during the investiga tion. It is one thing to make soda crackers that are occasionally good. It is quite another thing to make them so that they are always better than all other soda crackers, always of un varying goodness. The name “Uneeda”— stamped on every biscuit—means that if a million packages of Uneeda Biscuit were placed before you, you could choose any one of them, confident that every soda cracker in that package would be as good as the best Uneeda Biscuit ever baked. Five cents. NATIONAL BISCUIT COMPANY